24 June 2016

Negligence: Owens v. Shaw

Directors of glazier and aluminium joinery company Aluminium Plus Wellington Ltd were ordered to pay $125,800 damages for negligence after favouring beneficiaries of their own family trust over claims by company creditors when they abandoned a funding agreement.
The High Court was told Ian Alexander Shaw and Angela Claire Shaw had traded as the Shaw Family Trust first in a farming venture and then since 2007 as a glazing company under the name Aluminium Plus.  Most suppliers were comfortable dealing with the Shaws as a Trust, but major supplier CSR Viridian demanded invoices be charged to a corporate.  The Shaws set up Alumnium Plus Wellington Ltd as a shell company to process Viridian invoices.  Viridian product was delivered to the Trust, invoices went to Aluminium Plus Wellington Ltd and the Trust made payment out of its own bank account.  Unpaid for deliveries in late 2013, Viridian sued, eventually putting Aluminium Plus Wellington Ltd into liquidation.  The liquidators sued Mr and Mrs Shaw as the company’s directors for negligence.  Their company was solvent provided funding arrangements with the Trust had continued.  Justice Brown ruled the Shaws as directors were negligent in cancelling the funding arrangement agreed with themselves as trustees of their family Trust.  They were held liable for all the company’s unpaid debts, including costs of the liquidation.   
Owens v. Shaw – High Court (24.06.16)

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